[Enrica Lexie] Permanent Court of Arbitration Publishes Award & Dissenting Opinions
4 years, 5 months ago

[Enrica Lexie] Permanent Court of Arbitration Publishes Award & Dissenting Opinions

Live Law  

The Permanent Court of Arbitration has published its Award and concurring/dissenting opinions in the case between India and Italy on 'Enrica Lexie' Incident.Earlier the Court had published only an extracts from the Award since the Rules of Procedure provides that the full Award can be published only after the Parties' confidentiality review.Now, a 326 paged Award has been uploaded. The Permanent Court of Arbitration has published its Award and concurring/dissenting opinions in the case between India and Italy on 'Enrica Lexie' Incident. It had also that Italy has acted in breach of the Article 87, paragraph 1, subparagraph, and Article 90 of the United Nations Convention for the Law of the Sea and that India is entitled to payment of compensation in connection with "loss of life, physical harm, material damage to property and moral harm suffered by the captain and other crew members of the "St. Antony"", which by its nature cannot be made good through restitution. According to him, the marines do not enjoy immunity either because: the State of Italy engaged in an essentially commercial transaction in order to emplace the marines onboard the "Enrica Lexie" to protect the vessel from pirates; that act, jure gestionis, does not attract immunity for the State of Italy under customary international law; therefore the State of Italy had no immunity from which the marines could benefit in their act of firing shots from the "Enrica Lexie" that resulted in the death of two Indian fishermen aboard the "St. PCA 313309 40 Antony"; or the marines can be assimilated to the status of visiting forces which do not enjoy immunity under customary international law for acts carried out in the receiving State.

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History of this topic

Enrica Lexie Case: Supreme Court Gives Time To Boat Owner To Respond To Crew Members' Plea For Compensation
3 years, 3 months ago

Enrica Lexie Case: Supreme Court Gives Time To Boat Owner To Respond To Crew Members' Plea For Compensation

Live Law  

The Supreme Court today while hearing an application filed by seven fishermen who were on board of the fishing boat that was attacked, seeking compensation out of the amount of Rs 2 crore which was deposited in favour of the owner of the boat, granted 3 weeks time to the boat owner to file its reply on the application filed …

Dramatic Twists Of Enrica Lexie-Italian Marines Case : A Time Line Of 9 Years
3 years, 7 months ago

Dramatic Twists Of Enrica Lexie-Italian Marines Case : A Time Line Of 9 Years

Live Law  

The highly sensational Enrica Lexie -Italian Marines case relating to the killing of two Indian fishermen in a sea-firing incident nine years ago, which at one point sparked off diplomatic frictions between India and Italy, has attained a peaceful burial, at least as far as local proceedings are concerned.The Supreme Court today quashed the criminal cases against the two Italian. …

Enrica Lexie Case : Italy Deposits Rs 10 Crores Compensation; Supreme Court Reserves Orders On Quashing Criminal Proceedings Against Italian Marines
3 years, 7 months ago

Enrica Lexie Case : Italy Deposits Rs 10 Crores Compensation; Supreme Court Reserves Orders On Quashing Criminal Proceedings Against Italian Marines

Live Law  

Taking note of the deposit of Rupees 10 crores compensation made by the Republic of Italy, the Supreme Court on Friday reserved orders on the application field by the Central Government to quash the criminal proceedings pending in India against two Italian Marines -Massimilano Latorre and Salvatore Girone - with respect to the 2012 sea-firing incident near Kerala coast which …

Italy Yet To Deposit Rs 10 Crores Compensation, Centre Tells Supreme Court In Enrica Lexie-Italian Marines Case
3 years, 8 months ago

Italy Yet To Deposit Rs 10 Crores Compensation, Centre Tells Supreme Court In Enrica Lexie-Italian Marines Case

Live Law  

The Republic of Italy is yet to deposit before the Central Government the Rupees 10 crores compensation in the Enrica Lexie case related to the killing of two Indian fishermen by Italian Marines in 2012.This was informed by the Union of India before the Supreme Court on Monday.A bench headed by the Chief Justice of India was hearing the application …

Enrica-Lexie Case : Supreme Court To Hear Centre's Plea To Dispose Pending Applications On April 9
3 years, 9 months ago

Enrica-Lexie Case : Supreme Court To Hear Centre's Plea To Dispose Pending Applications On April 9

Live Law  

Supreme Court has on Wednesday agreed to hear on Friday, April 9th the interim application filed by the Union of India in the matter of two Italian marines accused of killing two Indian fishermen off the Kerala coast in February 2012.A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian made the observation after a request for urgent hearing …

Italian Marines-Enrica Lexie Case : Deciphering PCA Award In 'The Italian Republic v The Republic Of India'
4 years, 6 months ago

Italian Marines-Enrica Lexie Case : Deciphering PCA Award In 'The Italian Republic v The Republic Of India'

Live Law  

Let's begin with the gains. India's gains : 1.PCA Award finds that by interfering with the navigation of the "St. Antony" Italy has acted in breach of Article 87, paragraph 1, subparagraph, and Article 90 of the Convention. 2.The Award then reaffirms that Italy has breached Article 87, paragraph 1, subparagraph, and Article 90 of the Convention but holds that …

[Breaking] Enrica Lexie Case: Permanent Court Of Arbitration Holds Italy Liable To Compensate India; Asks India To Drop Prosecution Against Marines
4 years, 6 months ago

[Breaking] Enrica Lexie Case: Permanent Court Of Arbitration Holds Italy Liable To Compensate India; Asks India To Drop Prosecution Against Marines

Live Law  

The Permanent Court of Arbitration, in Enrica Lexie case, has unanimously held that India is entitled to claim compensation from Italy. The Tribunal pronounced an Award in Enrica Lexie Case holding that Italy has acted in breach of the Article 87, paragraph 1, subparagraph, and Article 90 of the United Nations Convention for the Law of the Sea and that …

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